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58 of 1949 - Granting to D. & R.G.W.R.R.Co. (Denver and Rio Grande Western Railroad Company) and O.SL.R.R.Co. (Or 40LL GALA- Aye VOTING Na Y '1.' I move that the ordinance be passed. Affleck . . . . Matheson ss'J { Romney . . . . . Lingenfelter itkftgiat• . . . r', Mr. Chairman . . AN ORDINANCE Result . . . . AN ORD ANCE GRAINTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY AND OREGON SHORT LINE RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY LESSEE), their and each of their successors and assigns, the right to construct, operate and main- tain a standard gauge railroad track over and across South Temple Street between Fourth West Street and Sixth West Street in Salt Lake City, Utah. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. A franchise is hereby granted to The Denver and Rio Gtande. /estern Railroad Company and Oregon Short Line Railroad Company (Union Pacific Railroad Company Lessee), their and each of their successors and assigns, to construct, operate and maintain a standard gauge railroad track over and across South Temple Street between Fourth West Street and Sixth West Street in Salt Lake City, Utah, the center line of said track be- ing more particularly described as follows: Beginning at a point on the south line of South Temple Street about 200 feet west of the west line of Fifth West Street, running thence in a northeasterly direction on an approximate 7 deg. 15 min. curve to the right about 205 feet to the west line of Fifth West Street at a point about L8 feet north of the south line of South Temple Street, running thence easterly on South Temple Street on a 6 deg. 6 min. curve to the right about 100 feet to a point of con- nection with an existing track of the Oregon Short Line rail road, thence continuing east on said existing track of the Oregon Short Line railroad about 20 feet, thence turning out northeasterly from said existing track of the Oregon Short Line railroad and running northeasterly on a 6 deg. 6 min. curve to the left about 110 feet, running thence northeaster- ly on en8 deg;: 45 rein. curve to the left about 275 feet to the north line of South Temple Street at a point about 360 feet- east of the east line of Fifth West Street. The location of the center line of said track is graphic- ally shown in yellow upon the attached print, which is hereby made 58 -2- i part of this ordinance. SECTION 2. During the term of this franchise, the grantee], their successors and assigns,shall be subject to the following !' conditions, viz: (a) The ownership of said track shall be vested as to the respective portions thereof individually in said grantees [ in accordance with an agreement or agreements between them. The said track shall be laid upon and conform to the established grade of said South Temple Street and Bifth West Street pur- suant to an agreement between said grantees and Salt Lake Cit ; but if said ;grade is afterward changed by ordinance of the 1 Board of City Commissioners, the grantees shall, at their owni expense, change the elevation of said track so as to conform to the same. (b) Whenever said street where said track constructed shall be paved, repaved, resurfaced or repaired, then said grantees, their successors and assigns, shall pave, resurface or repair between the rails and for a space of two feet out- side of each rail with the same kind of material used on said street, or with such other material as may be approved by the Board of Commissioners. P In the event said grantees shall fail to pave, repave, resurface, or repair and surface any area as herein required periodofthirty 0 days after notice from the Board for a (3 ) y of Commissioners so to do, the City shall have the right to pave, repave, resurface or repair between the rails or said surface or area and the grantees agree to reimburse the City for the total cost of said work, labor and material. (c) The said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said street upon which it is laid. (d) Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of said grantees in all water ditches crossed by said track so as to admit of free passage of water. (e) Salt Lake City reserves the right to regulate and -3- control the speed of all trains, engines and cars operated by 1' the grantees, their successors and assigns, upon the track !I aforesaid. Neither the engines nor cars shall be permitted to remain on said track. (f) If, in the replacement or maintenance of said track, said grantees shall remove or in any manner interfere with the pavement, sidewalk, curbs, gutters or waterways on said street, they shall replace such pavement with the same or such other material as shall be ordered by the Board of Commissioners and shall replace such sidewalks, curbs, gutters and waterway t6 the satisfaction of the Commissioner of Streets and Public Improvements and shall so construct the gutters and waterways that they will allow the free passage of water to the satis- P faction of said Commissioner. j I it SECTION 3. Noth}ng in this grant shall be construed so as to prevent halt Lake City or its authorized agents, contractors . persons oft corporations, to whom a franchise may have been or may hereafter be granted from paving, sewering, laying gas or water mains or pipee, altering;, repairing, or in any manner improving said street, but all such improvements shall be made with as little injury as practicable to said track and the operation thereof. When Salt Lake City undertakes to place any utility under said track, the grantocs shall at their own expense underpin and pro- tect their track while said utility is being placed under the traa, . SECTION 4. The said grantees herein, their successors and assigns, shall, and by the acceptance 6f the privileges and franchises herein granted and in consideration of the same, do bind themselves, their successors and assigns, upon their accept- ance of this franchise, to save the City harmless from all suits, claims, demands and judgments whatsoever, whether in law or in equity, which shall he asserted, found or rendered in any manner whatsoever, against said City for injury or damage to abutting , Property or otherwise by reason of the ;;ranting of this franchise or by reason of the operation of said track, and that the grantees, their successors and assigns, will pay the amount of the judgment, -4- ' deter•dnation or adjudication which in any suit or proceedings 'may or shall be found a ;a inst aake City, and the said grantee. , ! their successors and assigns, shall appear in and defend all ac- tions brought against halt Lake City for any injury or damage by . reason of the construction, operation, or maintenance of said rtrack, provided, however, that said grantees, their successors and assigns, shall have had notice of any suits and an opportunity to ! appear and defend same. SECTION 5• This franchise is granted for the period of fifty (50) years from and after the date of the passage of this ordinance,provid.ed, however, that if for a period of nine consecu- tive months during the life of this franchise said track or any part thereof is not used for the purpose of which this franchise is granted, or if there is a substantial abandonment of the use of said track or any part thereof, this franchise shall be voidable at the option of the ;;hard of Coamissioners, and if so ordered by the Board of Commissioners, said track shall, within thirty (30) days after notice, be by said grantees removed from the street add the street restored to a condition uniform with the balance of sail street with respect to grade, materials, and construction to the satisfaction of the Commissioner of Streets and Public improvements. In the event of failure of said grantees to remove said track and to .restore said street upon said notice and within thirty (30) it days thereafter, the work may be done by-Salt Lake City at the expense of said grantees. SECTION 6. Unless this franchise and all the terms and conditions thereof shall be accepted in writing by the grantees heroin within thirty (30) days after this ordinance becomes effec- tivo, and unless said track be constructed prior to January 1, 1950, then this ordinance shall be null and void. SLCii.Oh 7. Whereas in the opinion. of the Commission an emergency exists, this ordinance shall take effect immediately after publication, hereof. P� .�. .} it _r,_ ij Passed by the Poard of Co,r_missioners of bait Lake City, ii i �r i i (:liCah, this j— day of , - t ayoro „Ity Recorder. • AN ORDINANCE (b)Whenever said street where said AN ORDINANCE GRANTING TO track constructed shall be paved, THE DENVEIR AND RIO GRANDE repaved,resurfaced or repaired,then WESTERN RAILROAD COMPANY said grantees, their s •ors and AND OREGON SHORT LINE RAIL- assigns, shall o surface or ROAD COMPANY(UNION PACIFIC repair between 'he rails and for RAILROAD COMPANY LESSEE), spaces f two feet ri"de of each their and each of their e rail with the same and of material and assigns, the right to construct, on used said strict, or with such operate and maintain standard other material nay be ap- gauge railroad track over and across Proved by the Board of Commis- South Temple Street between Fourth eS West Street and Sixth West Street s In the event spaid grantees shall in Salt Lake City,Utah. fall to pve, resurface, Be it ordained by the Board of ¢pair and reface e, or area as Commissioners of Salt Lake City, herein required for a ny a serl0 l of Utah: thirty (30) days after notice from SECTION 1 A franchise is hereby the Board of Commissioners so to granted an Western tde RailroadComr anver and y do,path e,Crepave, resurfty shall nave ace right Oregon Short Line Railroad to pair between the [ils sr said s re - and (Union Pacific Railroad f ace or area and the grantss.s agree of tpanyir successors Lessee), their assigns, to to reimbursethe City to the total nstruct,operate and maintain terial. saidwe andma standard gauge railroad track o (c) The said track shall be laid and across South Temple Street her and the road operated so s to tween Fourth West Street and Sixth cause no unnecessary Impediment to West Street In Salt Lake City,Utah, the common and ordinary useof the center line of said track being said street upon which it is laid. more particularly described as fol- (d) Good and sufficient con- lows: dolts to convey water shall be lad Beginning at a point on the and maintained In good condition south line of South Temple Street at the expense of said grantees In about 200 feet west of the west all water ditches crossed by said line of Fifth West Street.running track soas to admit of free pas- thence in a northeasterly direction sage of water. anon to the right about 205 feet right to regulate and control the approximate 7 deg.15 min. (e) Salt Lake City reserves the curve to the west line of Fifth West speed of all trains,engines and tarn Street at a point about 40 feet operated by the grantees,their sun- north of the south line of South cessors and assigns, upon the track Temple Street, running nning thence aforesaid. Neither the engines nor easterly on South Temple Street cars shall be permitted to remain on on a is deg. 5 min. curve to the said track. right about 100 feet to a point of (f) If, in the replacement placement or connection with anexisting track maintenance of said track, said of the Oregon Short Line rail- grantees shallIn any road, thence continuingeast oninterfere remove orthe pave- said existing track f the Oregon eat ersidewalk,a curbs, gutters or Short Line railroad about 20 waterways o said street.they shall feet, thence turning out north- replace such ph me t with the easterly fromg sald_g,Afstiins trail- be orderedch eE thee Boardmateri of fs Corn-ofro the Oregon Sneby Sad and running northeasterly triter sri ks and shall replace a- a fi tag.06 min.feet curve n the left sidewalks, cures, gutters facti and such about lee tee runningg.thence terwaysCommis o the satisfaction [ ub- n t. curve y ono g deg. 45 Commissioner 0 Streets and Pub- min. o e to the th an left about 275 Improvements and shall so Teel to thenorth line of South construct the gutters and water- Temple 360 Street at a pointtabout of ways that they will allow the fare Fifth feet east of the east line of Lion of of water to the satls(a-- The West Street. lion of saidCommissioner.Nothing th The location of the c near linen SECTIONco 3.construed this event of said track is attached nt. shall be on site so as a prevent in yellow upon the attached print. agents, Lake cart or Its authorised cord which is hereby made a part of this orate, contractors.whomto .ap franchise or r- orSO. p veti bee,tomay hereafter c SECTIONcs2.e During the '. of have de from may towering,n y- thisfranchise, sig grantee. theirgranted for or water mains or pipes, lay- successors e and dlloassigns. ing co sditions,soli altering,repairing, o slit any pma s- (a) The ownership f said track improving said street, but all shall be vested s to the respective tech improvements shall be made portions thereof individually in such little inury Ease practicable said grantees in accordance with anto said track and agreement or agreements between thereof. When Salt Lake City un- them.The said track shall be laid dertakes to place any utility under grade of saidon and tS uth Tem➢le to the tbSt eet thelished ir track, the grantees shall at and Fifth West Street pursuant totheir own track underpin and protect while said ev anagreement between said grantees utility is being placed under the d Salt Lake City: but if said track. grade is afterward changed by or- SECTION 4. The said grantees dinance of the Board of City Com- herein, their au and as- missioners, the grantees shall, at signs,shall, and by ether acceptance their own of sold use, hangs the tale- of the privileges and anchises granted and In consideration form to the same. so on of the same, do bind themselves, 58 t their successors cce sors and assigns, upon Commissioners,and If so ordered by 0 acceptance f this francise, the Board of said to save the City harmless from all track than,within (30t days sults,v claims, demands and judg- after notice be by said grantees re- meets whatsoever, whether In law moved d mom the street and the or in eguity,which shall be asserted, street restored to condition a 1- Y manner torn with the balance f said found or reagainstndered In n whatsoever,dae said City for street with respect to grade, ma- Injury or damage t reason fprop- tenets, and construction Commissioner nr gra r otof is by re sn of tby o N of the nmta, reason granting of fthe this franchiperationBQof or said of In Streetsthe andevent Publicfailure roof sand track,tk and that the grantees, teir grantees to r o said track and termination andt of assigns,will pay the to restore saidao wont upon aid aor adjudicationo judgment,which theree after,theh In thirty (ay be lone in proceedings may or bye Salt Lake Cityr Yatmthe expense shah be found dsaigainst Salt Lake of said grantees, City, andgrantees. their SECTION 6,Unless this franchise Inc and successors and d assigns,shallbappght and 11 the term and conditions writ- against Salt Lake City for any in- theg by erebf hell a acceptedsherinwithinein thl tt b(30) Adams after r this ard smarts lof said tack, pr of et, thirty becomes effective. ntl nless sow ver, f said track, es. their Jainuatrack be ,,gg strutted pain[ i h that said assigns, shall their ave minces 1, 19 nun then thla ordl•t�t- had,notice fdany sults and ll hop- mince hall be null and void. portunity to appear and defend opinion SECTION the Whereas Commission the an SECTION 5. This franchise Is emergency exists, this ordinance granted for the pafter fifty Publication hereof. the of Immediately after years from passage of this ordinance,pro- Passed by the Board of Commis- vidrd,however,thatamonths i frduring period ioners of Salt Lake City. Utah, theof nine life cof 5ethis franchise said 1949,ISth day of September. A.D. track or any part thereof is not EARL J.GLADE, used for the purpose of which this aeyyor- franchise is granted, or if there is IRMA P. BITNER a substantial abandonment of the Cite Recorder. use of said track or any part there- (SEAL) of, this franchise s hall c bl void:: e BILL NO.56 at the option of the Board of Published September 17.1949. Affidavit of Publication STATE OF UTAH, 1 }as ._.Cuuntv_af_SaltLake J AN ORDINANCE AN ORDINANCE GRANTING TO THE DENVER AND g.IO ORANDE WESTERN RA D COMPANY AND OREGON ORT LINE AARRCAIL- ^ L�fBtOOM 00412NY N PACIFIC their d ea oh f their aucceseore D M Ockey and anions,the bight to eonetructt aerate and maintain a standard g g lmed track over ad•Arose South Tem le nd Si between F treSh Being first duly sworn,deposes and says that he is the ad- In Street anke d Sixth West SteeS Salti➢Bh ordai ordained by Utah.h Hoard of Commissioners of Salt Lake City, vertisizag clerk of THE DESERET NEWS,a newspaper Utah: SECTION to 1.a Denver is herebyRio published in Salt Lake City,Salt Lake County,in the State granted to The Denver d any Grande Western Railroad Company I and Oregon Short Line Railroad Company (Union Pacific Railroad of Utah. Compof thpir y Lessee), their and each, o oonstrauctb operate anduocessorsdmain&Nitin ta- standard gauge railroad track over' tween`Fourth WestStreet Street xth. That the advertisement t West renter lineSalt Lakea track being e particularly described as fol. Ordinance Bill No 5E3 I Hang Beginning at a pint on the about 1200 feeSouth out et of.the Erect line of Fifth West Street(running thence Salt Lake City Corporation thence in a nnrettheaeterlyg direction on anve to the right abate 7 out 206 15[t to the west line of Fifth West Street at a point about 40 feet north of SShhe south line of South Temple Street, running thence on• ter6 deg utn.miry0 Street was published in said newspaper, in its issue dated, the right about 100 feet to 6 point of connection with an existing track roaf d. thenche e co Short LineIna rail- tag e td a1.lne ti ck :the east day of A. D. 19 feet,hinc railroad about h- feet. thence turning e out north- sterly tram said sating trail on Sept 17 1049 roadhanOregon running northeasterly on and was published •S deg.S min.aurae to the left about Ste gat, running thence the last publication thereof being in the issue dated the min.curve 0➢ g deg. 46 Emit.to rth north line about th Temple Street at a point about ( 360_fSILoget el,the tact line of day of A. D. 19 Fitch West Street. The location of the center line f said track Is gtaahlcal;y shown rare upon the ttached print,I "" v-L-�•�; which to hereby made a Dart of this arSE CTIe. dvertising Clerk —? SECTION s.During the term r this franchise, Sig grantee, their Le t8 and assigns.shallitibe sub- ject to the ownership co laid a k a)The hers oof said Crave shall be vested a tohe individually lactic¢ &aid gra thereof orance in 20th aid grantees in agreements with an 1. ,them,The said a track shall bewbid worn to before me this day of uponand form to the stbltehed gTAag"eI grid,5n8(�i'CamDls Btteet 49 La agreement Webt saidbetween gtanttere A.D.19 garidagSalt Lake City: ut if said dlnancle'o thIe Heard o1 CtynCom- lselonere, the grantees °hall, at their own ration of said track change the tole- } farm to the same. so s On (b)Whenever said street where said 214 .... ._._ track constructed shall be payed, A Notary bltiri repaired.ed,resurfaced or repaired,then mad cgs an eeess, their au cessave, ors and f seirepair between the rails and for at } a withthe game kindepace of two feet s of de of each rail malarial used on said Street, or with each other aterial as may be ap- proved b y the Board or Comm le- fI In the event said graes shall fall to pave, repave, resurface,c or repair rea required for any a thirty (30) days after noticed from the Board of Commissioners s to do, the City shall navethe right to pave, repave, resuace or re- pair between the rails cr said s and the grantees gre cre to reimburse the City for the total each lof said work, labor and - teria (o)The said track shall be Lid and the road operated so as to cause no unnecessa Impediment to the common and ordinary use of aa(d)`tfl odu nodes hsu0fficie t oon- and6e mainoniney Wiralegood°ondition at the ll water ditches crosense of said sed by said track so to admit of free pas- .Sage of water. le) Salt Lake City reserve. the right to grains a d control the speed ed bated ye t Ina,a genes her sac- sac- ocesO a and aea`Igne,ntpon thettrack cars shall b`permitted ton remain non • cars track. maintenance of said tbe replacement t or said manteee shal remove track,n any ant, sider walk, curbs, wiu bs,gutters pave. relent, on said sttreet,they shall replace such pavement ith the 'S a ce'dr such-other as ebaD be ordered by the Board of Com• miasloners and shall repla such sidewalks, curbs. gg gutters and - terwaya to the-satisfaction of the Commissioner of Streets d Pub. hoaatrucrove eats and shall se co gutters and water- way. ttsllow satfPssge of they will to the satisfac- tion f eald Commissioner. Sshall beON construed eogasa to this eveent Salt Lake City or its authorised agents,contractors,ap eeoee or mooaty- cat on e,rre oo"whmm y f rarn ahts r granted from paving,cowering,laybe- lantergng, airingrhtt, pipes, ner hnprovpyg agldo.streepyusll such improvements shall be made With all little injury so practicable to hereof. trackaid h Salt Lakd e City an. dertakee to place any utility under said track, the grantees shall at their own expense undderpin d protect their track rehire said utility is being planed under the track. SECTION 4. The said g ranteee ec herein, their aueeera_ and ae- slgns,ehall,and by the franchises of herein privileges d franchises of the gsame,°'dor l d`othemselvea their successors and eigne, upon their acceptanceof the franchise, to save the C1t4 armless from'all • suits, its`whhlattsoa demands whether°in lawa or In equity,which shall be asserted, u ond or rendered In any manner whatsoever, htoeve dagnst said n y for ey oothamwlee iby rbe tago he r granting of theteoperation`aof said track,,and that the grantees,their amount"in°tre'41:;dgwrTerZip tdeze termination or adjudication whicn in any suit or proceedings may yor Cyell be found against SaltLake ity, and the said grantees, their successors and Reigns,ahall appear in d defend all actions brought against Salt Lae Ciy for any in- jury ordamagee by reason of the comain- tenance of saki track.or providded, however, that said grantees their eneoeesors and eeigns, shall have had notice of any suite and an op- portunity to appear and defend same. SECTION B. Thie franchise is yea f for m the period f date (50) yearse passage of thls and ter ordinance.pro- vided, e aconsecutivet it during traekll or of this thereof a is said used for the partypr ot franchise is granted,or Ifathereais a substantial aband:9.1ant of the e of said track pr any part there- at,this franchise hall be voidable at the option of Idle Board of Commissioners,and if so ordered by the Board of ommissioners, eald track shall,within thttrrty(30)days after Onatticee,be rom try saidir rranteees eet andri- moveee formt withto"the to balance uiaf said street with respect to made, ma- teriels,satisfaction of the a`Commissioner tion to r of Streets and Public Improvements. gIr the event of failure of said to n restore said etreetd track d notice and sawn thirty(ao>aye r thereafter the work may be done by Salt Lake City at the expense of aid SECTION ra5.Voless thle franchise and ll the terms and conditions thereof shall be accepted Ia il- Ing-by the grantees herein within thirty (30) days after this o de- aide trtch hoe coolsc�cted'Ellero unless January.I, 10Sf. then rhea ordi- n roe shall be null and void. onoftontaopinii he Whereas the emergency exists, this ordinance shall take effect Immedialy after publieatiun hereof. Passed by the'Board of Commis- sioners of Salt 15th day of September.A.Utah, 1S41). EARL J.GLADE. 4sy EtMA F.SI7'NERor. City Recorder. eed611 September 17,19ai9. r